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Texas Criminal Law Questions & Answers
2 Answers | Asked in Criminal Law for Texas on
Q: My husband was incarcerated in another jail on the date the indictment is accusing him of a crime, dissmissal.?
John Cucci Jr.
John Cucci Jr. answered on Sep 1, 2021

Sorry to hear of your problem.

So what you have said is that you have proof that your husband was incarcerated on the day of the alleged crime. If so, it would be great proof to have the case dismissed. However, most DAs are not so quick to dismiss a case, even when it is obvious that the...
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1 Answer | Asked in Criminal Law for Texas on
Q: Can someone put bogus charges on you to get a warrent issued.

The bogus charges were taking off.Can they use those bogus charges later?

Michael Hamilton Rodgers
Michael Hamilton Rodgers answered on Sep 1, 2021

Unfortunately, the answer is yes. It happens all the time. Isn't that what happened in your situation?

1 Answer | Asked in Criminal Law and Civil Rights for Texas on
Q: I am on parole in a halfway house. They are locking us in our dorms. Is this legal? I am in Texas.

This halfway house is operated by core civic but over seen by the Texas Department of Criminal Justice and they try to run this place like we are still incarcerated.

Stephen A. Nicholas
Stephen A. Nicholas answered on Aug 29, 2021

If its oversight is by TDCJ-ID, the halfway house operator, more likely than not, has to follow guidelines that TDCJ-ID issues. Are you in the process of being released on Parole from TDCJ-ID? It sounds like you have been released to a transitional type facility. If so, you have to follow their... Read more »

1 Answer | Asked in Criminal Law for Texas on
Q: I have a pre-trial matter hearing today. How should I plea?
Teri A. Walter
Teri A. Walter answered on Aug 24, 2021

Sorry, no one can give advice to you about your specific situation - which none of us know, and should not be posted online here or anywhere else. You need to speak to a criminal defense lawyer in your area. If you can't afford a lawyer, ask to talk to a public defender.

1 Answer | Asked in Criminal Law for Texas on
Q: Our son convicted of possession of child phonograph. TDCJ put child safety zone. Court nor parole board put this on.

We have Troy's judgement that we can send and also he has his paper work from the parole board that he received before going to the program and it said nothing about child safety zone. We understand that the trial judge and the parole board are the only ones who have authority to put... Read more »

John Cucci Jr.
John Cucci Jr. answered on Aug 23, 2021

Hi Mr. & Mrs. Johnson:

Sorry to hear about your troubles.

I would love to have more information and documents to give you a comprehensive answer. However, with the info you gave you are correct when you say only the judge or board may add or change restrictions on a sentence or...
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1 Answer | Asked in Criminal Law for Texas on
Q: What happens if you have a blue warrant then you go passed your discharge date on parole?
Kiele Linroth Pace
Kiele Linroth Pace answered on Aug 20, 2021

The discharge date doesn't matter once the blue warrant is issued. Your parole clock stopped ticking. You will be arrested on the blue warrant and then they will decide what to do with you. You could be sent to prison to finish the sentence.

2 Answers | Asked in Criminal Law for Texas on
Q: In TX can you expunge or seal “assault of family” misdemeanor?
John Cucci Jr.
John Cucci Jr. answered on Aug 20, 2021

To get an Expunction in Texas, there can NOT have been a Conviction for the underlying crime. In other words, if you were charged with family assault, but went to trial and won, you could get the arrest removed. But if you took a plea or were otherwise convicted, even if you only received... Read more »

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1 Answer | Asked in Criminal Law, Divorce, Family Law and Child Custody for Texas on
Q: What to do if other party not found to serve Texas Tem Exparte Protective Order and notice of hearing ?

I am trying to serve Texas Temporary Exparte Protective Order and notice of hearing in GA through sherif dept. But can't find Defendant. What's next step?

Can I ask judge for eservice to defendant? At his email address?

Kiele Linroth Pace
Kiele Linroth Pace answered on Aug 20, 2021

Texas Family Code 82.043(c) has your answer.

2 Answers | Asked in Criminal Law and Employment Law for Texas on
Q: In Tx how long does assault on family misdemeanor stay on record for employers.

I thought it was 7 years but that was in 2013 and I just applied for a job (2021) and it came out on my record and I was not accepted. Is the 7years after found guilty date or after the 5 years probation was completed?

Kiele Linroth Pace
Kiele Linroth Pace answered on Aug 20, 2021

Criminal records never expire. If the employer does a criminal background check then it will show up forever. The seven-year rule is about CONSUMER records so that is stuff like your credit report and liens. Some consumer reports also include criminal information, so those might only show 7... Read more »

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1 Answer | Asked in Criminal Law for Texas on
Q: If someone has a blue warrant and then their parole goes past their discharge date, what happens to the warrant?
Kiele Linroth Pace
Kiele Linroth Pace answered on Aug 20, 2021

The warrant is still in effect, the discharge date is not. A parole discharge date is basically meaningless once a blue warrant is filed. You can't finish parole on the run.

2 Answers | Asked in Consumer Law, Contracts, Criminal Law and Civil Litigation for Texas on
Q: Collateral on a loan was never returned when the loan was never provided. Indirect threats were made following this

Is this a criminal and/or civil matter? The collateral in question was the key to my storage unit which contained $30k-$40k worth of personal property. When no loan was ever produced I asked for key to be returned the day that the offer of a loan was proposed. They refused. I found out 2 weeks... Read more »

John Cucci Jr.
John Cucci Jr. answered on Aug 17, 2021

Dear Denton:

Sounds terrible.

I will assume all you tell me in the question is true. If the person who is now in possession of your property, got it through false information or "trickery" that would be a crime in Texas. I hope you have proof of your inventory. If not it...
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1 Answer | Asked in Criminal Law and Identity Theft for Texas on
Q: We can do a payment plan

This is in San Marcos not Houston

John Cucci Jr.
John Cucci Jr. answered on Aug 16, 2021

This question is vague, however, I can answer by saying most lawyers do have payment plans. The hard part is for the client to show they have good credit, and a way to make payments.

Good Luck!

1 Answer | Asked in Criminal Law for Texas on
Q: If someone has already pleaded guilty to a crime can 2 other people be charged with the same crime in a different county

Someone I know stole something from one county, has already been sentenced to tdc time, and is currently doing time . In another county, they are trying to charge 2 other people with the same charge. He already has admitted to guilt to the crime and got sentenced. I do not understand how they can... Read more »

Teri A. Walter
Teri A. Walter answered on Aug 16, 2021

If they acted together to commit the crime, the state can charge as many people as were involved.

1 Answer | Asked in Criminal Law and Probate for Texas on
Q: I just found out that I missed my court date what do I do to not go to jail
Kiele Linroth Pace
Kiele Linroth Pace answered on Aug 14, 2021

Call your attorney and your bondsman ASAP.

1 Answer | Asked in Criminal Law, Civil Rights and Communications Law for Texas on
Q: How do I get a case dismissed that I was indicted for in 1998 after finding out the indictment was wrong?

In 1998 I was sentenced to 5yrs probation for failure to register, after pulling the record and the true bill of indictment

I realized that the reportable conviction they used to get the indictment I was never convicted of nor was I ever charged with this crime. After all the years that... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Aug 14, 2021

If anyone can fix the conviction, it will be an expert in criminal appeals, and that will be expensive. However, if you were granted a pardon by the Governor of Texas, then you could file for an expunction of the records. That might be just as good of a result, depending on your goals.... Read more »

1 Answer | Asked in Domestic Violence and Criminal Law for Texas on
Q: I want to sue the state for not protecting me against family violence and abuse . I have videos never able to use .

Deformation of character . Protection of a abuser as they made me lose jobs ect . Videos never able to enter.

Was told it’s not abuse to make me lose everything . Control of finance and able to support myself is abuse . He wanted to see me homeless or take him back .

Using the... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Aug 12, 2021

If you want to sue the state regarding a law enforcement issue then you should consult an attorney who files Section 1983 civil rights cases in federal court.

1 Answer | Asked in Criminal Law for Texas on
Q: Indictment ona 3rd deg felony in Burnet county: Untrue enhancement due to a prior that was never comitted by the defen

Nor is there an existing cause number as stated in the indictment notes as reason for enhancement. Also no judges signature or county info on the indictment. Indictment received in the mail at the address where alleged victim resides also the defendants residence, but there is a protective order... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Aug 12, 2021

I'm not sure what your question is but the prosecution will have the burden of proving the enhancement paragraphs.

1 Answer | Asked in Criminal Law and Civil Rights for Texas on
Q: Can an Officer make you get out of your car, search, and question u when your windows are covered and you're asleep
Kiele Linroth Pace
Kiele Linroth Pace answered on Aug 11, 2021

An officer can investigate a person sleeping in their car to make sure they are safe and not in medical distress but they shouldn't be searching without consent unless they saw or smelled something during the initial investigation that indicated a crime.

1 Answer | Asked in Consumer Law, Criminal Law, Civil Litigation and Civil Rights for Texas on
Q: Midland county. Arrest 06-19. Misdmeanor. Dismissed and Bond returned 09-20. ARRESTED on same case 08-21. false arrest?

Cause number cr172821. I told them to recheck warrant and I had paperwork from dismissal. Told them the jail refunded my bond in full so I know it was dismissed before arraaigned. Rude and hateful refused to acknowledge I was even present other than to laugh and tighten cuffs and take me to jail.... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Aug 11, 2021

Consult an attorney who files lawsuits in federal court against law enforcement for civil rights violations under "Section 1983." It is doubtful you will find such an attorney in Midland... you're probably talking about an attorney from a city with millions of residents. The good... Read more »

1 Answer | Asked in Criminal Law and Civil Rights for Texas on
Q: Was pulled over for a traffic violation, asked to step out of the car, asked if he could search the vehicle

the answer was NO He did anyways was arrested unlawfully and was illegally in jail for over a month till someone advocated for me and had all the charges lifted. A very painful agonizing ordeal for many, what do I do now? Can I file a civil suit against the department against the county against the... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Aug 10, 2021

You should consult an attorney who takes FEDERAL civil rights cases under Section 1983.

From a criminal law perspective, the severity of policy mistakes that could result in a prosecutor dismissing a case is lower than the severity of police mistakes necessary to justify a ruling against...
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